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| Court takes serious note of improper investigation | | 2 Narco smugglers acquitted | | Et Report
Jammu, Dec 5 : Principal Sessions Judge Bhaderwah MK Sharma has acquitted two accused namely Shabir Ahmed son of Ghulam Mohammad Rather and Mohammad Yaqoob son of Mohammad Shafi who were facing trial in NDPS Case as prosecution has failed to prove its case beyond shadow of doubt. While acquitting the accused, Principal Sessions Judge Bhaderwah observed that cannot help observing that majority of the cases under NDPS Act are failing in the Courts primarily because of improper investigation. Because of the failure of the senior police officers to monitor the investigation as required under Police Rules. As a result of this, the officers responsible for inefficient investigation, go scotfree without any accountability for failure to discharge their due functions and duties. Efficient and scientific investigation, followed by vigorous prosecution of those found involved in the disturbance of rule of law, is the hall mark of Criminal Justice Dispensation System. Court directed SSP Doda to take steps to ensure meaningful and proper investigation of their cases so as to advance the cause of justice.
According to the police case that on January 19, 2007, SHO PS Gandoh alongwith police personnel had laid a naka in Butt Market, Gandoh. During checking the accused were subjected to frisking. From the possession of accused Shabir Ahmed a polythene bag containing 24 balls of charas of different size weighing 100 grams approximately were recovered whereas from the possession of accused Mohammad Yaqoob charas weighing 50 grams in the shape of balls lying in polythene bag was recovered.
The SHO prepared a docket for registration of FIR under section 8/20 NDPS Act and sent it to PS Gandoh, on the basis of which FIR No. 7/2007 was registered and after completion of investigation and court after six years long trial has acquitted the accused from the charges as prosecution has not complied with the requirements of law while conducting investigation which has not only caused prejudice to the accused but has cast doubt on the prosecution story. JNF |
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